Agenda Packets - 1999/09/20 - Laserfiche WebLink

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Municipal Prosecution Services The following is a summary of the prosecution work Hughes & Costello will do as Mounds View city prosecutors up to December 31, 2000: 1. Advising Police Agencies: The police, code enforcement officers and others submit investigatory reports and other necessary materials to the prosecutor for review. Our firm has an attorney available for consultations with police agencies throughout the work week, evenings and weekends. In this way, the defendants can be charged within the thirty-six or forty-eight hours rule as prescribed by the Minnesota Rules of Criminal Procedure. We will advise the police and other city departments on the appropriate action or follow up action to be taken in all cases submitted. 2. Ordinance Enforcement: A successful ordinance violation prosecution program includes two elements: (1) vigorous prosecution of ordinance violations, and; (2) keeping the ordinances current with other legal developments. We will work closely with the various City departments to enforce all City ordinances. Additionally, we will advise the Mounds View City Council as requested or required on all ordinance law developments and changes. 3. Employee Training: We will inform and advise the Mounds View Police and other city departments on legislative changes, case law developments, and courtroom procedures as requested. 4. Charging: All complaints will issue promptly. We will draft complaints for statutory and ordinance violations (petty misdemeanor, misdemeanor, and gross misdemeanor). All gross misdemeanor cases (aggravated DWI, gross misdemeanor DWI, gross misdemeanor assault, etc.) must start with a complaint drafted by the prosecutor. Misdemeanor and petty misdemeanor violations are sometimes initiated by the drafting of a complaint and sometimes initiated by citations issued by police agencies; thereafter, the prosecution must amend, recharge or reinitiate charges by filing a complaint. If probable cause exists, we will draft appropriate documents and arrange to have the complaint signed before a judge of the Ramsey County District Court. Further arrangements are then made to have the defendant appear in response to appropriate process. 5. Calendar Appearances: The City should be competently represented at every stage of the criminal process, and the prosecutor must be prepared. We will prepare, assemble and review all case files; draft any appropriate documents (motions, orders, etc.); appear for and represent the City of Mounds View at the arraignments; take necessary follow-up action (filing amended complaints, obtaining further records or documentation, directing additional investigation, etc.). The prosecuting attorney continues to handle any matter for which a further appearance is scheduled pursuant to the defendant's not guilty plea or continued arraignment. Additional calendar appearances include any continued arraignments, pretrial diversion, sentencing, post-conviction relief, etc. 6. Court Trials: Seemingly minor cases—but nonetheless important—are often resolved by non jury trials. We will represent the City by assembling a case file, notifying and/or subpoenaing all necessary witnesses, obtaining all necessary documentation (certified driving records, prior conviction records, insurance records, etc.), meeting with and interviewing witnesses, presenting the City's case and attending any subsequent proceedings (sentencing, probation revocation, etc.). Typical court trial cases include minor traffic violations (speeding, stop signs, lane use, etc.) and minor criminal matters (possession of a small amount of marijuana, paraphernalia, etc.).